63.037
Proceedings applicable to cases resulting from a termination of parental rights under chapter 39.
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63.037 Proceedings applicable to cases resulting from a termination of parental rights under chapter 39.—A case in which a minor becomes available for adoption after the parental rights of each parent have been terminated by a judgment entered pursuant to chapter 39 shall be governed by s. 39.812 and this chapter. Adoption proceedings initiated under chapter 39 are exempt from the following provisions of this chapter: requirement for search of the Florida Putative Father Registry provided in s. 63.054(7), if a search was previously completed and documentation of the search is contained in the case file; disclosure requirements for the adoption entity provided in s. 63.085(1); general provisions governing termination of parental rights pending adoption provided in s. 63.087; notice and service provisions governing termination of parental rights pending adoption provided in s. 63.088; and procedures for terminating parental rights pending adoption provided in s. 63.089.
History.—s. 8, ch. 2001-3; s. 4, ch. 2008-151; s. 4, ch. 2012-81.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 2004–2022 · leading case: Dept. of Children and Family Servs. v. Ps
Dept. of Children and Family Servs. v. Ps (2006)
“The starting point in determining what procedures are to be followed under Florida law relating to post-termination adoptions is section 63.037, Florida Statutes (2005), which states: 63.”
Buckner v. FAMILY SERVICES OF CENT. FLORIDA (2004)
“" [3] Although we conclude that the Buckners' lack of standing is a procedural bar to this action, we acknowledge the need for S.”
B.S., Grandmother of P.S.A. and W.H.A., etc. v. Department of Children and Families (2018)
“037, Florida Statutes, provides that “[a] case in which a minor becomes available for adoption after the parental rights of each parent have been terminated by a judgment entered pursuant to chapter 39 shall be governed by s. 39.812 and this chapter” (emphasis added).”
Department of Children & Families v. Statewide Guardian Ad Litem Program (2016)
“” § 63.037, Fla. Stat. (2015). “If parental rights to the minor have previously been terminated, the adoption entity with which the minor has been placed for subsequent adoption may provide consent to the adoption.”
T.R.-B. v. DEPARTMENT OF CHILDREN AND FAMILIES (2022)
“Section 63.037, Florida Statutes (2021), exempts these adoptions after the parental rights of each parent have been terminated from certain provisions in chapter 63, but not all.”
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